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The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
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July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically motivated,” in reality it is too early to characterize the newly discovered evidence as overwhelming or to call it mere hardball politics. If President Obama decided to completely flip intelligence conclusions about Russian (non) interference in the 2016 election and knowingly set the false information in motion to hobble the incoming president, then we could…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with that information, ICE showed up at the courthouse, was allowed…
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
June 30, 2025
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
By: James Trusty
During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J. Trump did not have the same legal privileges as almost…
Remote Search Warrants and the Continued Threat to Privacy Rights
December 1, 2014
Remote Search Warrants and the Continued Threat to Privacy Rights
By: Nicole Kardell
What were you doing Wednesday, November 5, 2014? If you are a staunch Republican, you might have been toasting the election results from the day before, dreamy-eyed and dancing. If you are a staunch Democrat, you might have been scratching your head profusely, thunderstruck and quiet. People across the country were talking politics and policy in a very public way that day. How would the…
The Crisis of New Jersey Courts and the Challenge to Judicial Recall
November 25, 2014
The Crisis of New Jersey Courts and the Challenge to Judicial Recall
By: Ifrah Law
At the very core of judicial independence is the notion that courts and judges decide matters in accordance with the evidence and legal precedent, independent from political power or outside controls. The question of whether a bipartisan and independent judiciary is still alive and well in New Jersey has been called into question recently, as Governor Christie has been accused of packing the state supreme…
Smart is the New Tough: A Changing Approach in America’s War on Drugs, Crime?
November 24, 2014
Smart is the New Tough: A Changing Approach in America’s War on Drugs, Crime?
By: Ifrah Law
Fact: the United States incarcerates its citizens at the highest rate in the developed world. Indeed—save one small chain of islands, whose entire population is just a fraction of our prison population—the United States’ incarceration rate is the highest on the planet. And nearly half of our approximately 1.75 million inmates are serving time for nonviolent and/or drug-related offenses. That is not OK. It is…
Where to Draw the Line With Undercover FBI Operations
November 13, 2014
Where to Draw the Line With Undercover FBI Operations
By: Nicole Kardell
Several news publications have been making much ado about a tactic the FBI used in 2007 to locate an individual suspected in a series of bomb-threats to Washington state high schools. The FBI created a fake news article, falsely representing it as an Associated Press publication, and sent a link to the suspect’s MySpace account. The article headline, which was directed at the suspect, was…
The Road to True Threats is Paved with Intimidating Intentions
September 24, 2014
The Road to True Threats is Paved with Intimidating Intentions
By: Jeffrey Hamlin
Recently, the Tenth Circuit Court of Appeals considered the dividing line between free speech guarantees and the state’s authority to criminalize threat speech. In United States v. Heineman, the court held that the government must prove specific intent in true-threat cases: to obtain a conviction, prosecutors must prove not just that the defendant intended to communicate a threat, but that he intended for the recipient…
